Dokumentation der Risikoanalyse der Geldwäsche und der Terrorismusfinanzierung Befreiung
Inhalt
Begriffe im Kontext
- Erlangung von Lizenzen, Genehmigungen oder Zulassungen im Hinblick auf die Gründung und Führung eines Unternehmens
Fachlich freigegeben am
Fachlich freigegeben durch
Upon request, the competent body may exempt obligated parties from the obligation to document the risk analysis under certain conditions.
As an obligated party under the German Money Laundering Act (GwG), you must identify and assess the risks of money laundering and terrorist financing for the transactions you conduct and properly document them in a risk analysis.
Provided that specific risks in your business area are clearly identifiable and
- existing concrete risks are clearly recognizable and
- the risks are understood,
be exempted from the obligation to document a risk analysis upon request.
Please note that the exemption from documenting a risk analysis does not exempt you from the obligation to prepare a risk analysis. Exemption can only be granted for the documentation.
You must continue to identify and assess money laundering and terrorist financing risks on an ongoing basis and take suitable internal security measures to prevent them. You can only be exempted from the regular documentation obligation.
Re 1. the existing specific risks may be clearly recognizable if, for example, your transactions
- do not involve complex business activities,
- the transactions you carry out are of a manageable size,
- your customer structure is homogeneous and
- there are no other risk-increasing circumstances.
Re 2: A sufficient understanding of the specific risks can be assumed if the internal security measures you have taken (e.g. regular briefings of the personnel deployed and security checks) are appropriate to the risk.
- Obliged parties under the Money Laundering Act
Obligated parties under the Money Laundering Act (GwG) are eligible to apply.
- Authorized representative
The person submitting the application must be a member of management or an internal/external money laundering officer of the company.
- Clear recognizability of the risks
z. E.g. presentation
- what risks your company is exposed to and
- how vulnerable it is to abuse against money laundering or terrorist financing
- Sufficient understanding of the risks
z. E.g. presentation of the security measures taken on the basis of the specific risks identified
- As the obligated party, you apply to the competent authority for exemption from the obligation to document a risk analysis
- Your application will be reviewed by the competent authority
- You will receive a decision once the procedure has been completed
- Documentation of the money laundering and terrorist financing risk analysis Exemption
- Obligated parties under the Money Laundering Act (GwG) must identify and assess the risks of money laundering and terrorist financing for the transactions they conduct and properly document them in a risk analysis; under certain conditions, it is possible to apply for exemption from the obligation to document a risk analysis.
- Responsible authorities: Ministry of Economic Affairs, Infrastructure, Tourism and Employment Mecklenburg-Vorpommern, Ministry of the Interior, Building and Digitalization Mecklenburg-Vorpommern, Tax Office Rostock, President of the Higher Regional Court Rostock
Ministry of Economics, Infrastructure, Tourism and Employment Mecklenburg-Vorpommern, Ministry of the Interior, Building and Digitalization Mecklenburg-Vorpommern, Tax Office Rostock, President of the Higher Regional Court Rostock